| 词汇 | example_english_common-law |
| 释义 | Examples of common lawThese examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. Up until the twentieth century, regulations regarding marital fitness tended to follow the common-law rules on the capacity of parties to contract. More specific ones include the metaphysical counterparts of theories of constitutional, statutory, and common-law interpretation. All this seems to achieve is an arbitrary restriction on improving common-law rules. Looking first at (3a), it is simply not characteristic of common-law courts to approach distinguishing in the same spirit as they approach overruling. Why are common-law judgments so discursive at the appellate level? Later courts should be free to make amendments to common-law rules in situations where a too-rigid adherence to rules would lead to injustice. But once rights are understood as dignity-based, intent makes all the difference, just as it does in basic common-law tort law or criminal law. Excluded as a ' child ' is a 16 year-old living in a common-law relationship with her stepfather, the suspect. Of course, this is a large part of what judges do in common-law cases. The assimilation of precedent to statute facilitates a unified account of law in common-law systems: the basic building blocks of legal doctrine are legal rules. The point of the common-law doctrine is to avoid inconsistency while limiting the legal effect of earlier decisions. This marked the beginning of the move to the use of common-law rules of recovery to shape public behavior. Subjects of common-law systems have a duty to serve on juries if asked. It could have been more akin to common-law marriage resulting from co-habitation and the subsequent birth of a child. If precedents do not exist to create common-law rules, what role do they serve? The majority were married and pregnant to their husbands (13) or else in a common-law relationship (1). The common-law doctrine of binding precedent changes this by requiring later courts to treat earlier cases as correctly decided on their facts. Prominent among this medley was a form of political argument deriving from the tradition of common-law jurisprudence. Enclosure riots frequently combined controlled violence, ritual, and sophisticated legal manoeuvres in common-law and equity courts. According to common-law precepts a woman's identity was subsumed in her husband's. The majority were married and pregnant to their husbands (11) or else in a common-law relationship (1). Equally, the failure of common-law courts to provide a canonical formulation as a basis for their rationes starts to make sense. Common carriers were a common-law version of a public corporation before the formal institution existed. The great number of children without citizenship in the slums results largely from the fact that children are born of common-law marriages, and women run off, leaving their children behind. Of course, one can say that this is just the continuation of a historically embedded practice, but why has it been sustained by all common-law jurisdictions? The reality rests on the fact that precedents in the commonlaw do not come singly, but in groups. Failure of a workmen's compensation claim did not bar commonlaw or employers' liability act recovery. Chapter 5 then considers whether the appropriation doctrine could have been, and could yet be, salvaged within the commonlaw. The spiritually binding promise is a greater commitment but it is also an undertaking that exceeds the tellurian regime of commonlaw. Traditional commonlaw rules did not follow this logic, however. These it found in the commonlaw marital relation and the traditional state police power. The commonlaw would enforce that public duty by making a demonstration of its fulfillment a prerequisite to any recovery for harms to private interests. English commonlaw developed to protect the property of individuals and limit the power of the state to expropriate resources. Here they were given further consistency, and the commonlaw began to crystalize, with bridewealth-law features more or less firmly embedded in it. Nor would either standard represent a radical break with historical practices in commonlaw. Details varied but in most commonlaw jurisdictions coverture denied married women the right to hold, control or dispose of property in their own name. It represented a straightforward application of commonlaw principles to the new terrain of interstate commerce. He believed that much of the commonlaw was hidden, that it was rational, and that men learned in the law could discover it. But by 1922, the commonlaw assumptions and principles that made sense of those regulations had all but evaporated. The text of the constitutions was merely the tip of an iceberg of commonlaw, legislative compromise, judicial decision, and extra-governmental practice. The commonlaw was originally thought of as the collective understanding of the legal profession. Commonlaw was still a separate legal entity administered in its own courts. He thought that the commonlaw was inappropriate to handle questions of honour. It could overrule commonlaw, not a prospect designed to please contemporaries anxious about any expansion of the monarch's prerogative rights. The commonlaw was as much a part of the ancient constitution as the nation's political institutions and should be treated with comparable reverence. In most jurisdictions, this legal power is derived from both commonlaw and legislation. She might just agree with the commonlaw that the wife is unjustified because she was acting on the basis of a mere statistical forecast. It was once commonly thought that certain political principles implied that the commonlaw should operate as a constraint on the content of statutory law. These areas will not be subject to statutory control and will continue to be governed by the commonlaw. Within commonlaw systems, informal norms operate in conjunction with formal contracts and legislation. What was at issue was merely the proper role of the commonlaw relative to that of statutor y law. Further, the commonlaw denies that consent is relational even with regard to possession (not enjoyment) of an ordinary item of property. One answer is provided by translating these issues into the language of the commonlaw. But more than that, precedent contributes to the checks and balances that operate vertically and horizontally on judges within the commonlaw. But when theorists speak of the commonlaw as rules, they are thinking of something different from just any type of general protected reason. Moore goes on to characterize his account of the commonlaw as "holistic" (1987, 211; see also 213). As is generally known, in commonlaw systems, courts that follow precedent generally regard themselves as bound to do so, as constrained by precedent. He does not think that the commonlaw came in any significant degree from nonofficial sources-e. g., from actual customs of the people. Marriage, with its legal commitments, is primarily associated with property and social position and a commonlaw concubinage often takes its place. Employment of the commonlaw is a methodology for resolving disputes rather than the application of a particular rule. But this does not quite reach to the problem of the commonlaw. Actions to exclude competitors from the field of competition were precisely the commonlaw definition of monopolizing behavior. Inevitably, noxious smoke arose from burning refuse, but in the nineteenth century this pollution could only be challenged through commonlaw proceedings. Even unincorporated associations received some of these powers through judicial constructions of commonlaw and equity, and other more specific grants via special legislative enactments. Its forms lent the commonlaw its characteristic tenor and tendencies. Commonlaw borrowed nothing of much substance from contemporary canonists and civilians. Justices of the peace did so regularly, and even commonlaw judges did so in cases of contempt of court. The habeas corpus writ was a prerogative writ at commonlaw which from the fifteenth century had been used to test the legality of imprisonment. Proving negligence was made difficult by three commonlaw defenses available to employers. Even the title of the bill suggests alterations designed to help signal the statute's commonlaw intent. The way that the doctrine of precedent operates in the commonlaw, then, is difficult to square with the virtues normally associated with rulebased decision-making. The default commonlaw rule required unanimous consent of shareholders, so this silence amounted to a strict policy. The commonlaw made children responsible for maintaining aged and indigent parents. This reviewer wanted to learn more about the differences between ecclesiastical court and common law actions before 1753 and about the chronology of growth thereafter. The commonlaw was developed as a procedure that if properly followed, would result in a judgment for the plaintiff or defendant. Alternatively, commonlaw systems have developed with the idea of the protection of individual rights from the state as a primary goal. Commonlaw lawyers and judges tend to believe that the commonlaw system is superior. Neither is this required by the need to avoid a formalistic or mechanical approach to the rules of the commonlaw. Customary or commonlaw still shows this combination of flexibility in substance and formal adherence to precedent. This procedure not surprisingly engendered a great deal of anger among puritans, especially those trained in commonlaw. Lilburne does, of course, employ natural law ideas as well as commonlaw thinking. The apparent certainty of codification can be compared to the seemingly more ambiguous approach characteristic of the commonlaw tradition. What one witnesses here, then, is a clear effect of the juridical power of the commonlaw. Conceptualistic explanations in the commonlaw of torts are bound to draw upon legal principles55 for at least two reasons. Weaning students off this simplistic understanding of the commonlaw is one of the most important tasks in their legal education. I highlight various features of the commonlaw that make case-by-case decision-making appear closer to rule-based decisionmaking than it really is. The commonlaw may be entirely consistent with absolute corrective justice and 52. Early court opinions make clear that federal judges quickly converged on the use of commonlaw understandings in construing federal antitrust policy. The difficulty is in discerning from the legislative record an original congressional intent on behalf of a commonlaw-based antitrust law. Commonlaw principles were newly justified with a marital unity argument that reaffirmed and modernized the commonlaw for the twentieth century. There is something about the nature of law, they hold, that prevents decisions from being pure precedents, even in commonlaw systems. Formal colonial departures from the commonlaw tradition, in consequence, were primarily the consequence of legislative action, rather than judicial decisions. In the commonlaw tradition, torts are referred to and applied according to specific categories or nominate duties such as negligence, nuisance and intentional torts. But if traffic laws do not codify commonlaw standards of negligence, they supply such standards. In addition to the doctrine of common employment, the commonlaw gave employers two other important defences to employee negligence claims. He pointed out that the rule of legality, which had been finally established, corresponded with the rule of reasonableness as understood at commonlaw. The movement to make illegal per se all direct restraints on competition, regardless of its status at commonlaw, was fundamentally agrarian in origins. As exercises in commonlaw, these decisions were guided by principle, custom, fact, and considerations of equity. Moreover, all such bylaws were still subject and subordinate to the more general rules and requirements of state, constitution, and commonlaw. And the disorganized state of the commonlaw made it nearly impossible for legislators to ensure that statutory law did not contradict commonlaw principles. This is, of course, directly contrary to the way in which the commonlaw tradition has viewed the wrong of ending life prematurely. Cases involving such seats could be tried in the commonlaw courts, but most were nevertheless dealt with by the church. These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. |
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